NY city asbestos case indictment

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK	INDICTMENT
THE PEOPLE OF THE STATE OF NEW YORK
-against-
John Skinner,
Michael Adams,
Edward Looney,
Robert Phillips,
Joseph DePietto,
James E. “Jeb” Brethauer,
Arthur Mallett,
Joseph Varsalona,
Rocco Mongelli,
Carlos Oseguera,
Peter Ellams,
Michael McMahon,
Mark Jakubek,
Robert Leary,
Anthony Fontanetta,
Antonio Bueti, Gerald T.Campbell, Sr.,
Specialty Service Contracting, Inc.,
Comprehensive Environmental of New York, Inc., Independent Monitoring and Analysis, Inc.,



Defendants

COUNT ONE

ENTERPRISE CORRUPTION

THE GRAND JURY OF THE COUNTY OF NEW YORK, by this indictment, accuses the defendants of committing the crime of ENTERPRISE CORRUPTION, in violation of Penal Law §460.20(1)(a), as follows:

The defendants, in the County of New York and elsewhere, from on or about January 1, 1999, to the date of the filing of this indictment, having knowledge of the existence of a criminal enterprise (hereinafter, the “Asbestos Group”), and the nature of its activities, and being employed by and associated with the Asbestos Group, intentionally conducted and participated in the affairs of the Asbestos Group by participating in a pattern of criminal activity.

The Asbestos Group was a group of individuals and corporations, including: John Skinner, Michael Adams, Edward Looney, Robert Phillips, Joseph DePietto, James E. “Jeb” Brethauer, Arthur Mallett, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Peter Ellams, Michael McMahon, Mark Jakubek, Robert Leary, Anthony Fontanetta, Antonio Bueti, Gerald T. Campbell, Sr., Specialty Service Contracting, Inc., Comprehensive Environmental of New York, Inc. and Independent Monitoring and Analysis, Inc.; and others known and unknown to the Grand Jury, sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents.

At all times relevant to this indictment, the Port Authority of New York and New Jersey (hereinafter, the “Port Authority”) was a bi-state agency, created by an interstate compact between the States of New York and New Jersey, to manage and maintain transportation facilities for the metropolitan New York area, namely, bridges, tunnels, bus terminals, PATH trains, airports and seaports within the New York-New Jersey Port District. Prior to September 11, 2001, the headquarters of the Port Authority was located at the World Trade Center in the County and State of New York. The Port Authority headquarters is now located at 225 Park Avenue South, in the County and State of New York.

At all times relevant to this indictment, the New York City Economic Development Corporation was a not-for-profit public benefit corporation under contract with the City of New York to promote long-term economic growth and vitality in the City of New York. The headquarters of the New York City Economic Development Corporation is located at 110 William Street in the County and State of New York.

At all times relevant to this indictment, the New York State University Construction Fund was a public benefit corporation established to provide academic buildings, dormitories and other facilities for the State University-operated institutions. The headquarters of the State University Construction Fund is located at 353 Broadway, Albany, New York.

DEFENDANTS’ COMMON CRIMINAL PURPOSE

The members of the Asbestos Group were: (1) contractors who provided environmental services, including asbestos abatement; (2) employees of the Port Authority responsible for the administration, management and oversight of the contracts at Port Authority owned and operated facilities; (3) individuals such as a certified public accountant and other individuals who assisted in the laundering of money constituting the proceeds of the criminal enterprise: and (4) third-party consultants responsible for the monitoring of asbestos abatement projects. The common criminal purpose of the enterprise was to steal money from their customers. To accomplish this criminal purpose, the contractors fraudulently overcharged the Port Authority for services and materials provided under their contracts, and also obtained substantial contracts for which they had submitted no competitive bids. The contractors bribed the Port Authority officials in exchange for authorizing these fraudulent overcharges and awarding this work. The contractors, with the approval and assistance of the corrupt Port Authority officials, falsified and forged invoices filed with the Port Authority in order to aid and conceal their larcenies. The contractors also bribed other general contractors in exchange for the awarding of work. The contractors submitted false contractor questionnaires to the New York City Mayor’s Office of Contracts in order to qualify for its work with the New York City Economic Development Corporation. Additionally, the contractors laundered the monetary proceeds of their crimes by diverting corporate receipts for personal use and claiming fictional business expenses.

STRUCTURE OF THE CRIMINAL ENTERPRISE

The Asbestos Group structured its criminal activity through an asbestos abatement company; the principals, project managers, supervisors and employees of that company; certain officials at the Port Authority responsible for facilities operation and support; third-party consultants; construction company officials; an accountant; and several individuals and corporate entities designed to disguise their money laundering activities:

Defendant John Skinner was the president of Specialty Service Contracting, Inc. (hereinafter, “SSC”). John Skinner stole money from the Port Authority; bribed Port Authority officials; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; submitted false contractor and contractor-principal questionnaires to the New York City Mayor’s Office of Contracts; obtained substantial contracts for which SSC had submitted no competitive bids; and laundered money.

Defendant Michael Adams was a vice-president of SSC. Michael Adams stole money from the Port Authority; bribed Port Authority officials; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; submitted false contractor and contractor-principal questionnaires to the New York City Mayor’s Office of Contracts; obtained substantial contracts for which SSC had submitted no competitive bids; and laundered money.

Defendant Edward Looney was the Chief Estimator of SSC, and held a minority ownership interest in SSC. Edward Looney stole money from the Port Authority; bribed Port Authority officials; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; through the payment of bribes, defendant Looney obtained substantial contracts for which SSC had submitted no competitive bids; laundered money; and hindered prosecution by intentionally destroying physical evidence.

Defendant Robert Phillips was the Comptroller of SSC. Robert Phillips stole money from the Port Authority; bribed Port Authority officials; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; falsified business records to aid and conceal the commission of commercial briberies; laundered money; and hindered prosecution.

Defendant Joseph De Pietto was an accountant for SSC. He falsified business records filed with the Port Authority, with the New York City Economic Development Corporation and with the New York State University Construction Fund to aid and conceal the commission of larcenies from them.; and laundered money.

Defendant James E. “Jeb” Brethauer was a Project Manager of SSC. James E. “Jeb” Brethauer stole money from the Port Authority; rewarded defendant Port Authority officials for official misconduct; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; and laundered money.

Defendant Arthur Mallett was a Project Manager of SSC. Arthur Mallett falsified business records and offered false instruments for filing with the New York City Department of Environmental Protection to aid and conceal the commission of environmental crimes that benefited the enterprise by illegally reducing its costs.

Defendant Joseph Varsalona was a Supervisor of SSC and was responsible for assigning supervisors and work crews to SSC’s projects. Joseph Varsalona stole money from the Port Authority and the New York State University Construction Fund; falsified business records filed with the Port Authority and the New York State University Construction Fund to aid and conceal the commission of larcenies from the Port Authority and the New York State University Construction Fund; and laundered money.

Defendant Rocco Mongelli was a licensed Asbestos Handler and Supervisor at SSC. Rocco Mongelli stole money from the New York State University Construction Fund; generated cash to pay bribes to third-party consultants at asbestos abatement jobsites; falsified business records filed with the New York State University Construction Fund aid and conceal the commission of larcenies from the New York State University Construction Fund.

Defendant Carlos Oseguera was a licensed Asbestos Handler and Supervisor at SSC. Carlos Oseguera stole money from the Port Authority; generated cash to pay bribes to defendant Port Authority officials Robert Leary, Anthony Fontanetta and Antonio Bueti; rewarded defendant Port Authority officials for official misconduct; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; and laundered money.

Peter Ellams was president of Independent Monitoring and Analysis, Inc. Peter Ellams falsified business records in order to conceal environmental violations at Asbestos Group jobsites; and hindered prosecution by warning members of the Asbestos Group of the issuance of a subpoena.

Michael McMahon was vice-president of Independent Monitoring and Analysis, Inc. Michael McMahon conspired to solicit bids for contracts with the understanding that there would be no true competition in the bidding process; and hindered prosecution by warning members of the Asbestos Group of the issuance of a grand jury subpoena.

Mark Jakubek was Manager of Environmental Field Operations in the Engineering Department of the Port Authority. Mark Jakubek accepted bribes and rewards from members of the Asbestos Group; and hindered prosecution by allowing members of the Asbestos Group to retrieve submitted payment applications containing falsified business records that were the subject of an investigation.

Robert Leary was employed by the Port Authority Engineering Department as an Environmental Operations contract employee. Robert Leary stole money from the Port Authority by intentionally aiding the members of the Asbestos Group in their larcenous schemes; received bribes from contractors who were members of the Asbestos Group; fraudulently approved invoices and payments based on falsified and forged business records filed with the Port Authority; and falsified the business records of the Port Authority.

Anthony Fontanetta was a Senior Engineer of Construction for the Port Authority, and was responsible for managing certain specified construction work at JFK Airport on behalf of the Port Authority. Anthony Fontanetta accepted bribes and rewards from members of the Asbestos Group for in exchange for assisting CENY and SSC to obtain additional contract work with the Port Authority.

Antonio Bueti was an environmental operations and environmental inspector for asbestos abatement contracts. Antonio Bueti accepted bribes and rewards from members of the Asbestos Group in exchange for assisting CENY and SSC to obtain additional contract work with Port Authority tenants.

Gerald T. Campbell, Sr. was a construction manager. Gerald T. Campbell, Sr. accepted bribes from defendant members of the Asbestos Group in exchange for his approval of falsified invoices submitted by the Asbestos Group.

Specialty Service Contracting, Inc. stole money from the Port Authority; generated cash to pay bribes to defendant Port Authority officials; rewarded defendant Port Authority officials for official misconduct; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; submitted false contractor and contractor-principal questionnaires to the New York City Mayor’s Office of Contracts; obtained substantial contracts for which they had submitted no competitive bids; and laundered money.

Comprehensive Environmental of New York, Inc. stole money from the Port Authority; generated cash to pay bribes to defendant Port Authority officials; rewarded defendant Port Authority officials for official misconduct; falsified business records filed with the Port Authority to aid and conceal the commission of larcenies from the Port Authority; obtained substantial contracts for which they had submitted no competitive bids; laundered money; and hindered prosecution by retrieving payment applications containing falsified business records submitted to the Port Authority after a subpoena was issued and served.

Independent Monitoring and Analysis, Inc. falsified business records in order to conceal environmental violations at Asbestos Group jobsites; conspired with others to solicit bids for contracts with the understanding that there would be no true competition in the bidding process; and hindered prosecution by warning members of the Asbestos Group of the issuance of a subpoena.

MONEY LAUNDERING

Criminal Act One

Defendants John Skinner, Michael Adams, Edward Looney, Robert Phillips and SSC committed the crime of MONEY LAUNDERING IN THE SECOND DEGREE, in violation of Penal Law 470.15(1)(b)(i)(A)(iii), as follows:

Said defendants, from on or about February 11, 2003 through on or about January 22, 2004, in the County of New York and elsewhere, knowing that the property involved in one and more financial transactions represented the proceeds of specified criminal conduct, did conduct one and more such financial transactions which in fact involved the proceeds of specified criminal conduct, with intent to promote the carrying on of specified criminal conduct, and the total value of the property involved in such financial transaction and transactions exceeds one hundred thousand dollars.

Criminal Act Two

Defendants John Skinner, Michael Adams, Robert Phillips and SSC committed the crime of MONEY LAUNDERING IN THE SECOND DEGREE, in violation of Penal Law 470.15(1)(b)(i)(B)(iii), as follows:

Said defendants, from on or about September 15, 2000 through on or about May 30, 2002, in the County of New York and elsewhere, knowing that the property involved in one and more financial transactions represented the proceeds of specified criminal conduct, did conduct one and more such financial transactions which in fact involved the proceeds of specified criminal conduct, with intent to engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven and eighteen hundred eight of the tax law, and the total value of the property involved in such financial transaction and transactions exceeds one hundred thousand dollars.

Criminal Act Three

Defendants John Skinner, Michael Adams, Robert Phillips and SSC committed the crime of MONEY LAUNDERING IN THE SECOND DEGREE, in violation of Penal Law 470.15(1)(b)(i)(B)(iii), as follows:

Said defendants, from on or about November 11, 2000 through on or about December 23, 2002, in the County of New York and elsewhere, knowing that the property involved in one and more financial transactions represented the proceeds of specified criminal conduct, did conduct one and more such financial transactions which in fact involved the proceeds of specified criminal conduct, with intent to engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven and eighteen hundred eight of the tax law, and the total value of the property involved in such financial transaction and transactions exceeds one hundred thousand dollars.

GRAND LARCENY FROM THE PORT AUTHORITY [Hangar 17]

Criminal Act Four

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of GRAND LARCENY IN THE SECOND DEGREE, in violation of Penal Law §155.40(1) as follows:

Said defendants, from on or about August 12, 2002, through on or about September 17, 2003, in the County of New York and elsewhere, stole property and the value of the property exceeded fifty thousand dollars.

Criminal Act Five

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about October 8, 2002, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #8 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Six

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about November 18, 2002, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #9 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Seven

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about December 13, 2002, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #10 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eight

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about January 17, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #11 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Nine

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about February 26, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #12 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Ten

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about March 24, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #13 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eleven

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about May 1, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #14 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Twelve

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about May 30, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #15 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Thirteen

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about July 16, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, Payment Application #16 for Port Authority Contract # PAT-584, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

INFLATED MATERIAL AND EQUIPMENT INVOICES

Criminal Act Fourteen

Said defendants, from on or about August 2, 2002, through on or about August 2, 2002, stole property and the value of the property exceeded fifty thousand dollars.

Criminal Act Fifteen

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about February 4, 2002, knowing that a written instrument, to wit, Payment Application #1 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Sixteen

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about March 21, 2002, knowing that a written instrument, to wit, Payment Application #2 for Port Authority Contact #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Seventeen

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about May 15, 2002, knowing that a written instrument, to wit, Payment Application #3 for Port Authority Contract #216-540, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighteen

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about August 22, 2002, knowing that a written instrument, to wit, Payment Application #4 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Nineteen

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about October 17, 2002, knowing that a written instrument, to wit, Payment Application #5 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Twenty

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about November 22, 2002, knowing that a written instrument, to wit, Payment Application #6 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Twenty-One

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about February 25, 2003, knowing that a written instrument, to wit, Payment Application #7 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Twenty-Two

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about July 11, 2003, knowing that a written instrument, to wit, Payment Application #8 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Twenty-Three

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about October 3, 2003, knowing that a written instrument, to wit, Payment Application #9 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Twenty-Four

Defendants SSC, John Skinner, Michael Adams, Edward Looney, James E. “Jeb” Brethauer, Joseph Varsalona, Rocco Mongelli, Carlos Oseguera, Mark Jakubek, Robert Leary, Anthony Fontanetta, and Antonio Bueti committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about February 17, 2004, knowing that a written instrument, to wit, Payment Application #10 for Port Authority Contract #216-540, and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

BRIBERY INVOLVING PUBLIC SERVANTS AND RELATED OFFENSES

Criminal Act Twenty-Five

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, on or about March 10, 2003, conferred, offered and agreed to confer a benefit upon Mark Jakubek, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Twenty-Six

Defendant Mark Jakubek committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, on or about March 10, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Twenty-Seven

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of REWARDING OFFICIAL MISCONDUCT IN THE SECOND DEGREE, in violation of Penal Law §200.20, as follows:

Said defendants, on or about August 6, 2003, did knowingly confer, offer and agree to confer a benefit upon Mark Jakubek, a public servant, for having violated his duty as a public servant.

Criminal Act Twenty-Eight

Defendant Mark Jakubek committed the crime of RECEIVING REWARD FOR OFFICIAL MISCONDUCT IN THE SECOND DEGREE, in violation of Penal Law §200.25, as follows:

Said defendant, on or about August 6, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person for having violated his duty as a public servant.

Criminal Act Twenty-Nine

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, from on or about July 11, 2003, through on or about October 31, 2003, conferred, offered and agreed to confer a benefit upon Robert Leary, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant would thereby be influenced.

Criminal Act Thirty

Defendant Robert Leary committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, from on or about July 11, 2003, through on or about October 31, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-One

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, on or about December 4, 2003, conferred, offered and agreed to confer a benefit upon Robert Leary, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Two

Defendant Robert Leary committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, on or about December 4, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Three

Defendant Anthony Fontanetta committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, on or about June 20, 2000, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Four

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, on or about April 1, 2003, conferred, offered and agreed to confer a benefit upon Anthony Fontanetta, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Five

Defendant Anthony Fontanetta committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, on or about April 1, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Six

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, on or about November 24, 2003, conferred, offered and agreed to confer a benefit upon Anthony Fontanetta, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Seven

Defendant Anthony Fontanetta committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, on or about November 24, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Eight

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, from on or about January 1, 2002 to on or about October 6, 2003, conferred, offered and agreed to confer a benefit upon Anthony Fontanetta, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Thirty-Nine

Defendant Anthony Fontanetta committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, from on or about January 1, 2002 to on or about October 6, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Forty

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, on or about June 30, 2003, conferred, offered and agreed to confer a benefit upon Antonio Bueti, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Forty-One

Defendant Antonio Bueti committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, on or about June 30, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Forty-Two

Defendants John Skinner, Michael Adams, Edward Looney and SSC committed the crime of BRIBERY IN THE THIRD DEGREE, in violation of Penal Law §200.00, as follows:

Said defendants, from on or about December 9, 2003, conferred, offered and agreed to confer a benefit upon Antonio Bueti, a public servant, upon an agreement and understanding that such public servant's vote, opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

Criminal Act Forty-Three

Defendant Antonio Bueti committed the crime of BRIBE RECEIVING IN THE THIRD DEGREE, in violation of Penal Law §200.10, as follows:

Said defendant, from on or about December 9, 2003, being a public servant, did solicit, accept, and agree to accept a benefit from another person upon an agreement and understanding that defendant’s opinion, judgment, action, decision, and exercise of discretion as a public servant will thereby be influenced.

COMMERCIAL BRIBERIES

Criminal Act Forty-Four

Defendant CENY committed the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law §180.03, as follows:

Said defendant, on or about April 20, 2001 in the County of New York and elsewhere, conferred, offered and agreed to confer a benefit upon an employee, agent and fiduciary without the consent of the latter’s employer and principal, with intent to influence his conduct in relation to his employer’s and principal’s affairs, and the value of the benefit conferred and offered and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred fifty dollars.

Criminal Act Forty-Five

Defendants John Skinner, Michael Adams, Robert Phillips, Edward Looney and SSC committed the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law §180.03, as follows:

Said defendants, from on or about September 12, 2003 through on or about October 29, 2003, in the County of New York and elsewhere, conferred, offered and agreed to confer a benefit upon an employee, agent and fiduciary without the consent of the latter’s employer and principal, with intent to influence his conduct in relation to his employer’s and principal’s affairs, and the value of the benefit conferred and offered and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred fifty dollars.

Criminal Act Forty-Six

Defendants John Skinner, Michael Adams, Edward Looney, Robert Phillips, Joseph Varsalona and SSC committed the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law §180.03, as follows:

Said defendants, on or about October 31, 2003, in the County of New York and elsewhere, conferred, offered and agreed to confer a benefit upon an employee, agent and fiduciary without the consent of the latter’s employer and principal, with intent to influence his conduct in relation to his employer’s and principal’s affairs, and the value of the benefit conferred and offered and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred fifty dollars.

Criminal Act Forty-Seven

Defendants John Skinner, Michael Adams, Edward Looney, Robert Phillips, Joseph Varsalona and SSC committed the crime of CONSPIRACY IN THE FIFTH DEGREE, in violation of Penal Law §105.05, as follows:

Defendants John Skinner, Michael Adams, Edward Looney, Robert Phillips, Joseph Varsalona, and SSC, in the County of New York and elsewhere, from on or about October 1, 2003 to on or about January 22, 2004, with intent that conduct constituting the Class E felony of COMMERCIAL BRIBING IN THE FIRST DEGREE, be performed, agreed with each other, and with others, known and unknown, to engage in and cause the performance of such conduct.

OBJECTIVE AND METHODS OF THE CONSPIRACY

The object of the conspiracy was to obtain a lucrative sub-contract to perform asbestos abatement work at a Con Ed facility in New York County through the payment of kickbacks to another contractor in exchange for the sub-contract award to SSC.

OVERT ACTS

1. In furtherance of said conspiracy, and to achieve the objectives thereof, the conspirators committed the following overt acts, among others:

2. On or about October 14, 2003, Joseph Varsalona met with an employee of Con Edison.

3. On or about October 21, 2003, Michael Adams met with a person known to the grand jury.

4. On or about October 31, 2003, Michael Adams had a telephone conversation with a person known to the grand jury.

5. On or about October 31, 2003, Michael Adams had a telephone conversation with a person known to the grand jury.

Criminal Act Forty-Eight

Defendants John Skinner, Michael Adams, Robert Phillips and SSC committed the crime of COMMERCIAL BRIBING IN THE FIRST DEGREE, in violation of Penal Law §180.03, as follows:

Said defendants, from on or about December 3, 2002 to on or about December 19, 2002, in the County of New York and elsewhere, conferred, offered and agreed to confer a benefit upon Gerald T. Campbell, Sr., an employee, agent and fiduciary without the consent of the latter’s employer and principal, with intent to influence his conduct in relation to his employer’s and principal’s affairs, and the value of the benefit conferred and offered and agreed to be conferred exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred fifty dollars.

Criminal Act Forty-Nine

Defendant Gerald T. Campbell, Sr. committed the crime of COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE, in violation of Penal Law §180.08, as follows:

Said defendant, being an employee, agent and fiduciary of British Airways, Inc., from on or about December 3, 2002 to on or about December 19, 2002 in the County of New York and elsewhere, without the consent of his employer and principal, solicited, accepted and agreed to accept a benefit from another person upon an agreement and understanding that such benefit will influence his conduct in relation to his employer’s and principal’s affairs, and that the value of the benefit solicited, accepted and agreed to be accepted exceeded one thousand dollars and caused economic harm to the employer and principal in an amount exceeding two hundred fifty dollars.

FALSE BUSINESS RECORDS (BRITISH AIRWAYS)

Criminal Act Fifty

Defendants SSC, Gerald T. Campbell, Sr., John Skinner, Michael Adams, and Edward Looney committed the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law §175.10, as follows:

Said defendants, on or about March 19, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-One

Said defendants, on or about March 20, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Two

Said defendants, on or about March 21, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Three

Said defendants, on or about March 25, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Four

Said defendants, on or about March 27, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Five

Said defendants, on or about March 28, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Six

Said defendants, on or about March 29, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Seven

Said defendants, on or about April 2, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Eight

Said defendants, on or about April 3, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Fifty-Nine

Said defendants, on or about September 20, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty

Said defendants, on or about September 23, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-One

Said defendants, on or about September 24, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Two

Said defendants, on or about September 25, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Three

Said defendants, on or about September 26, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Four

Said defendants, on or about September 27, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Five

Said defendants, on or about September 30, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Six

Said defendants, on or about October 9, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Seven

Said defendants, on or about October 10, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Eight

Said defendants, on or about October 11, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Sixty-Nine

Said defendants, on or about October 14, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy

Said defendants, on or about October 16, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-One

Said defendants, on or about November 20, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Two

Said defendants, on or about November 21, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Three

Said defendants, on or about November 22, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Four

Said defendants, on or about November 25, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Five

Said defendants, on or about November 26, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Six

Said defendants, on or about November 27, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Seven

Said defendants, on or about November 29, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

Criminal Act Seventy-Eight

Said defendants, on or about December 13, 2002, with intent to commit another crime and to aid and conceal the commission thereof, made and caused to be made a false entry in the business records of an enterprise, to wit: an SSC Daily Labor Record and the documents submitted in support thereof.

FALSE ASBESTOS PROJECT NOTIFICATION FORMS

Criminal Act Seventy-Nine

Defendants John Skinner, Michael Adams, Arthur Mallett and SSC committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law § 175.35, as follows:

The defendants, in the County of New York and elsewhere, on or about April 29, 2003, knowing that a written instrument, to wit, an Asbestos Project Notification (Form ACP-7), contained a false statement and false information and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty

Defendants John Skinner, Michael Adams, Arthur Mallett and SSC, committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law § 175.35, as follows:

The defendants, in the County of New York and elsewhere, on or about April 30, 2003, knowing that a written instrument, to wit, an Asbestos Project Notification (Form ACP-7), contained a false statement and false information and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-One

Defendants John Skinner, SSC, Peter Ellams and Independent Monitoring and Analysis, Inc. committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law § 175.35, as follows:

The defendants, in the County of New York and elsewhere, on or about September 7, 2001, knowing that a written instrument, to wit, an Asbestos Project Notification (Form ACP-7), contained a false statement and false information and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Two

Defendants John Skinner, Michael Adams, Edward Looney, Michael McMahon, Independent Monitoring and Analysis, Inc. and SSC, committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law § 175.35, as follows:

The defendants, in the County of New York and elsewhere, on or about August 28, 2003, knowing that a written instrument, to wit, an Asbestos Project Notification (Form ACP-7), contained a false statement and false information and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Three

Defendants John Skinner, Michael Adams, Arthur Mallett and SSC, committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law § 175.35, as follows:

The defendants, in the County of New York and elsewhere, on or about September 3, 2003, knowing that a written instrument, to wit, an Asbestos Project Amendment (Form ACP-7), contained a false statement and false information and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

VENDEX FILINGS

Criminal Act Eighty-Four

Defendants SSC and John Skinner, committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about April 8, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, a VENDEX Business Entity Questionnaire and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Five

Defendants SSC and John Skinner, committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about September 16, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, a VENDEX Business Entity Affidavit of No Change and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Six

Defendants SSC and John Skinner, committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendants, on or about January 22, 2004, in the County of New York and elsewhere, knowing that a written instrument, to wit, a VENDEX Business Entity Affidavit of No Change and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Seven

Defendant John Skinner committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendant, on or about April 8, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, a VENDEX Principal Questionnaire and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Eight

Defendant John Skinner committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendant, on or about September 16, 2003, in the County of New York and elsewhere, knowing that a written instrument, to wit, a VENDEX Principal’s Affidavit of No Change and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Eighty-Nine

Defendant John Skinner committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Said defendant, on or about January 22, 2004, in the County of New York and elsewhere, knowing that a written instrument, to wit, a VENDEX Principal’s Affidavit of No Change and the documents submitted in support thereof, contained a false statement and false information, and with intent to defraud the state and any political subdivision, public authority and public benefit corporation of the state, offered and presented it to a public office, public servant, public authority and public benefit corporation, with the knowledge and belief that it would be filed with, registered and recorded in and otherwise become a part of the records of such public office, public servant, public authority and public benefit corporation.

Criminal Act Ninety

Defendant Michael Adams committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

Criminal Act Ninety-One

Defendant Michael Adams committed the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, in violation of Penal Law §175.35, as follows:

RESTRAINT OF TRADE AND COMPETITION

Criminal Act Ninety-Two